Response

Couples cannot file a petition for mutual divorce within 6 months of getting married. As per Section 13 B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act 1954, both parties can file for a mutual divorce only after living separately for a year. You have to wait for at least one year to file divorce case against your partner.

The provision under Section 13B (2) of the Hindu Marriage Act contains a bar to divorce being granted before six months elapsing after filing of the divorce petition by mutual consent.

Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.

If you want immediate separation you have to file mutual consent petition but if want to file alone, it is not possible to get immediate relief, but if your husband give consent for divorce after receiving notice from court than you can get divorce.

You can stay seperate for few months and get the divorce with the help of lawyer.

Reference: Section 13B (2) of the Hindu Marriage Act

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